Overview of Commission Action on Broadband Data Collection
On July 3, 2024, the Federal Communications Commission adopted a Fourth Report and Order, Declaratory Ruling, and Fourth Further Notice of Proposed Rulemaking (FCC 24-72) in WC Docket Nos. 19-195 and 11-10. Released on July 12, 2024, the item implements statutory requirements under the Broadband Deployment Accuracy and Technological Availability (DATA) Act and the Infrastructure Investment and Jobs Act (IIJA), refining the ongoing Broadband Data Collection (BDC) system that powers the National Broadband Map.
The Commission's action addresses operational lessons learned since the inaugural BDC filing window opened in June 2022. It codifies adjudication timelines for availability challenges, formalizes audit authority delegations, establishes a framework for restoring locations removed through challenges or audits, and proposes new validation standards across fixed, mobile, terrestrial fixed wireless, and satellite technologies.
Fourth Report and Order: Adjudication Deadlines and Audit Authority
In the Fourth Report and Order, the FCC codified the statutory requirement enacted under IIJA Section 60102(h)(2)(E)(i), which directs the Commission to resolve challenges to broadband availability maps within 90 days after a provider's final response is complete. The rules establish specific triggers for when this 90-day adjudication clock begins for both fixed and mobile challenges.
For fixed availability challenges where a provider denies the allegations and the parties fail to reach a consensus within 60 days, the 90-day period begins on the day after the provider files its dispute status report in the BDC portal. For mobile coverage challenges, the 90-day adjudication period begins on the day after the 60-day deadline for submitting rebuttal data (or the day after any requested supplemental data is due).
The Order also delegated formal authority to the Office of Economics and Analytics (OEA), in coordination with the Wireless Telecommunications Bureau (WTB), Wireline Competition Bureau (WCB), and Space Bureau (SB), to conduct regular random audits and audits based on identified patterns of incorrect filings. Additionally, ministerial amendments were adopted across 47 CFR Part 1, Subpart V, officially replacing references to the 'Digital Opportunity Data Collection' (DODC) with 'Broadband Data Collection' (BDC).
- Fixed Service Challenge Clock: 90 days to adjudicate begins the day after the provider submits its post-discussion status report.
- Mobile Service Challenge Clock: 90 days begins the day after the 60-day rebuttal filing deadline or supplemental data deadline.
- Audit Delegations: Authorizes OEA, WTB, WCB, and Space Bureau to select providers and areas for random or targeted data audits.
- Rule Nomenclature: Formally codifies the program name as Broadband Data Collection (BDC).
Declaratory Ruling: Pathway for Location and Coverage Restoration
The Commission issued a Declaratory Ruling clarifying that service providers are required to submit updated availability data in subsequent BDC filings if they can demonstrate that service has become available at a location or area previously removed due to a lost challenge, automatic concession, verification inquiry, or audit.
To protect the integrity of the National Broadband Map and prevent providers from simply re-reporting previously removed locations without substantiation, the Commission delegated authority to OEA and partner bureaus to establish detailed data specifications. Providers seeking restoration must submit verified infrastructure data corresponding to the relevant filing period to substantiate their updated coverage claims.
- Restoration Requirement: Biannual BDC reporting requires filers to reflect newly available service even if the location was previously conceded or adjudicated against them.
- Persistent Removals: Conceded or lost locations persist as unserved in the map until affirmative technical documentation is accepted by Commission staff.
- Evidentiary Filings: Requires submission of structured infrastructure data (such as network facility details) aligned with the BDC Infrastructure Data Specifications.
Fourth Further Notice: Proposed Availability Reporting Modifications
In the Fourth Further Notice of Proposed Rulemaking, the FCC proposed multiple revisions to reporting rules for specific technologies and legacy offerings to enhance map precision and protect customer privacy.
To prevent the public disclosure of confidential subscribership details, the Commission proposed allowing providers to designate legacy, discontinued services as 'grandfathered.' Under the proposal, location-specific availability data for grandfathered services would not be published on the public National Broadband Map, but would instead be disclosed only in aggregated or masked formats similar to Form 477 subscription protections.
For terrestrial fixed wireless providers, the FCC proposed requiring the submission of spectrum authorization data. Providers using licensed spectrum (technology code 71) would submit FCC call signs, lease IDs, and Universal Licensing System (ULS) FRNs. Providers using General Authorized Access / licensed-by-rule spectrum (technology code 72) would provide proof of Spectrum Access System (SAS) authorization, and Part 15 unlicensed providers (technology code 70) would report FCC IDs of base station transmission equipment.
For satellite broadband providers, the FCC proposed mandating biannual submission of operational infrastructure data, including constellation architecture, total satellite counts, orbital shell parameters, and overall system downlink and uplink capacity broken down by state or territory.
- Grandfathered Services: Option to flag legacy services no longer marketed to new customers to withhold precise customer addresses from public maps.
- Licensed Fixed Wireless: Mandatory submission of ULS call signs, lease identifiers, and licensee FRNs.
- Licensed-by-Rule Fixed Wireless: Mandatory verification and proof of authorization from SAS administrators.
- Unlicensed Fixed Wireless: Submission of equipment FCC IDs for base station transmitters.
- Satellite Infrastructure: Mandatory biannual reporting of space station parameters and state-level throughput capacity.
Proposed Data Validation, Retention, and Certification Reforms
The Further Notice also proposed structural enhancements to BDC validation rules. The FCC proposed a uniform three-year data retention mandate requiring broadband providers to preserve all underlying availability, subscription, and supporting data, as well as records used to respond to challenges, audits, and verifications.
Additionally, the Commission proposed to permanently eliminate the requirement that BDC filings be certified by a state-licensed Professional Engineer (PE). In its place, the FCC proposed allowing engineering certifications from a 'qualified engineer,' defined as a corporate engineering officer with an engineering degree, an engineer with an engineering/technical degree and at least seven years of relevant experience, or an individual with specialized training and ten years of relevant broadband design experience.
Other proposed validation measures include establishing a distinct rule subsection (47 CFR § 1.7006(h)) for Broadband Serviceable Location Fabric challenges, clarifying that the statutory 90-day challenge response clock does not apply to Fabric location reviews, and harmonizing the definition of 'broadband connection' in Form 477 with the mass-market retail definition used in the BDC.
- Data Retention: Minimum 3-year record retention requirement from the relevant 'as-of' reporting date.
- Engineering Certification: Permanent adoption of 'qualified engineer' standards in lieu of state PE licensing requirements.
- Fabric Challenges: Creation of a dedicated rule section distinguishing Fabric location disputes from availability disputes.
- Form 477 Alignment: Harmonization of subscribership connection metrics with mass-market retail broadband definitions in 47 CFR § 8.1(b).